walked quickly to his car. the district attorney just a few minutes ago told reporters he decided to charge mirkarimi in relation to spousal abuse accusations made by his wife on new year's eve. there are three charges, domestic violence battery, child endangerment, and dissuading a witness. district attorney george gascon made the announcement a few minutes ago. >> no one is above the law. whether this was the elected sheriff or any other san francisco resident, this type of behavior is inexcusable, criminal and will be prosecuted, our decision here, just like in all domestic violence cases was based on the all the available evidence to prosecute the case. the case is always stronger if the victim is willing to testify but it's common for victims to be uncooperative in domestic violence case. >> reporter: the district attorney just was not going to elaborate on what happened new

year's eve between mirkarimi and his wife eliana lopez a tv star in venezuela. therese isn'tly married. according to our reporting and police reports, lopez went to a neighbor and said that her husband, mirkarimi, had abused her and she showed this neighbor bruises on her arm. that neighbor took photos and also documented text messages between eliana lopez and herself and handed those over to the d.a.'s office. what does mirkarimi center to have to say? he just wrapped up a news conference on the fourth floor of city hall. they came out. they were emotional. mirkarimi said he is going to fight this and allen, he is going to keep his job in the process. he will not be resigning as sheriff. he made that announcement a few minutes ago. we'll get that video in and we'll bring it to you as soon as we can.

>> joe, the third misdemeanor, dissuading a witness, does that involve the neighbor, do we know? >> reporter: it does. the district attorney didn't elaborate very much but he did say it had something to do with trying to keep the neighbor from reporting it to police. by the way, i should point out, the endangering the child aspects of this was because the district attorney said that their young child was present. so remember, endangering a child has a wide berth. that doesn't mean he physically hurt the child according to the d.a. in this case it means the child was present when these actions took place. >> so domestic spousal battery, endangering the child and the witness. all right, joe, thanks very much. big question, can mirkarimi still perform as sheriff? here's what the law sauce. mirkarimi would be automatically removed from office if he were convicted of a felony. as joe just reported, he faces three misdemeanor charges. however, the mayor has the authority to charge him with official misconduct and then suspend him. then it would be up to the city's ethics commission to

make a recommendation to the board of supervisors. they could either reinstate mirkarimi as sheriff or remove him from office. we will, of course, as joe said continue to monitor developments with the story. we'll have much more reaction from city hall ahead tonight at 6:00. in other news, a special team of investigators is looking into a brutal attack that left two san francisco women seriously injured. police believe they know the motive behind the bloody and vicious attack. it happened at a home on 20th avenue in the city's sunset district. patrick sedillo on why one of the women may have been targeted. >> this was a robbery that went bad to the point where our victim has suffered critical injuries. reporter: this normally tranquil sunset neighborhood is in shock. a team of investigators is looking into the violent attack last night that sent two women to the hospital, one in critical condition. >> she does have, we believe now, a pattern that she does

every day. >> reporter: police are saying that the first victim went home after work. she is the owner of this restaurant and lives steps away. >> where she goes every night after closing her businesses and at that point what we understand is that there was a break-in, somebody came into her residence and robbed her. >> reporter: the second victim was delivering food to the first. she was also attacked but got away, runningback to the restaurant where she -- running back to the restaurant where she works, leaving a trail of blood. >> our suspect is a young asian male, speaks cantonese last seen wearing a dark shirt or top, light pants, carrying a white bag as he fled. he got into a white sedan with triangular shaped taillights. >> reporter: district supervisor carmen chu, who was at the scene, says she knows the victim, who owns several restaurants in the naked. >> almost everybody knows each other here and have worked with each other for many, many years and so when something happens to any one member of this community, i think everybody feels the pain.

>> robbery, gosh. get money, that's the busiest restaurant in the area. >> reporter: david smith knows the elder victim. he said she had the same routine and believes she was targeted. >> she didn't deserve that kind of treatment just for some money. >> reporter: police say if you are going to make daily deposits keep them small, don't do it alone and don't keep large amounts of cash at home. that will help avoid making you a target. reporting from san francisco, patrick sedillo, cbs 5. breaking news out of the south bay. we have chopper 5 over an accident on interstate 880 northbound where the traffic has gotten worse because there was a car fire. now, the fire happened just south of montague expressway. that is in the san jose area. crews in the clean-up process, but traffic still heavy again on 880 northbound montague expressway. an east bay high school teacher has been arrested for allegedly having sex with a teenager. police say the man had multiple

sexual en counters with a 16- year-old over nine months last year. the 38-year-old james logan high school teacher is charged with statutory rape. he was arrested on the way to meet the victim last night. he is the third bay area teacher arrested this week for sexual assault of a minor. mountain view police say they cleared up what happened during a bizarre bookstore attack. the first report said a woman bit the cheeks two of young children. now they say that polybeltramo is accused of pinching the children. charges have not been filed. pg&e knows how a brush fire started and burned an acre last night. what it doesn't know is how the high voltage power lines sparked the flames. it happened 9:30 near a microsoft campus. people in the area reported hearing explosions before the flames started. power was out to about 400 customers for a while. one person did suffer smoke inhalation. supporters of oakland mayor

jean quan held a rally voicing their support for the embattled mayor as the recall efforts against her continue to gain steam. >> no recall! >> no! >> this afternoon, a rally was held by a local worker's union and business owners. they say quan hasn't been given a fair chance to succeed in her position and are staunchly against recall efforts against her. mayor quan was on hand. she spoke about the recall efforts against her saying they are a distraction from more important things. >> we can't afford to be divided at a time when we need to fight to save redevelopment when we need to fight to protect our schools and when most of us in this room are going to be fighting to elect the next president of the united states. >> mayor quan currently faces two separate recall efforts both born in the days following the violent "occupy" protests last year. closure ahead. when the bay bridge will shut down. >> plus, it was supposed to be closed but not this year. the rare treat park visiters

are getting at yosemite. and increased security ahead of tomorrow's 9ers play- offs game. the threat authorities have already identified and why some fans may be turned away. and it pays to visit your in-laws. the big out-of-state payday for one san jose couple.

francisco, over a heads up for everyone to uses the bay bridge. the upper deck heading into san francisco will be closed over the upcoming presidents' day weekend. that's the weekend of february 18th. crews will be installing a detour near the toll plaza which will create a slight lane shift. the work is being done to allow the new eastern span to open ahead of schedule late next year. fan anticipation, well, let's call it a fever pitch on the eve of the bay area's first play-off football game in nearly

a decade. christin ayers has preparations for tomorrow's post-season matchup. what's going on? >> reporter: a lot of different security, things from wands instead of patdowns to checks for counterfeit tickets. there will be more security from cops to counterfeit experts. they have already confiscated some fake tickets and they expect tomorrow to take more. reporter: 20 hours to kickoff and the paint is still wet in candlestick park. >> it's big. this is incredibly big. >> reporter: by tomorrow, 70,000 fans will flood these stands for a game reminiscent of the mid-'90s super bowl. >> oh, man it's going to be low scoring game. 9ers defense is going to shut brees out. >> reporter: candlestick security is cracking down in preparation. >> there will be a lot of things you will see, some things you won't see. and it's on purpose. >> reporter: our cameras caught details sweeping trunks and searching cars with mirrors. there will be more law enforcement at this game all to protect against clashes like this one, fights broke out and shots were fired when the 9ers and raiders went head to head

last summer. this time, cbs 5 has learned that undercover officers have already discovered fake tickets circulating. >> there's some counterfeit tickets in the ticket marketplace. >> reporter: that means some fans will be turned away come game time. >> "who dat"! [ chanting ] >> reporter: saints fans gathered at san francisco say they are expecting a fight on the field not the stands. >> the 49ers stands, i mean, you know, they heckle us and joke but they're always smiling. it's all in good fun. we think it's going to be a lot of fun. >> reporter: homeland security will also be out here tomorrow and may or may not be visible. one thing that stadium officials are warning fans especially tailgaters for tomorrow is to really curb that tailgating short. there is a hard-out tomorrow. theft everybody back in the stadium for kickoff at 1:30. >> root for the team on your best behavior though. >> reporter: that's right. >> christin, thank you. coming up after eyewitness news tonight at 6:00, starts at

7:00 we have a special "49er preview" for you. dennis o'donnell, kim coyle will get you ready for the big game again tonight at 7:00 here on cbs 5. it wasn't your typical trip to the grocery store. >> it's very surreal. it's exciting but surreal. >> a south bay couple who took home more than just milk and eggs. and yosemite like you have never seen it. how folks are taking advantage of this unusually warm winter. oh, but we have a seven-day forecast you will want to see. good evening, everybody, from the cbs 5 weather center. bundle up tonight. meanwhile, we have big changes in that forecast. we'll pinpoint the day to expect it as eyewitness news continues here on cbs 5.

♪ secondhand smoke affects everyone's health. it's not just irritating.

it can cause heart disease and even death. speak up about secondhand smoke. your health and the health of your family depend on it. today they won a mega millions jackpot, worth more than 200 million dollars. and six numbers made a san jose couplery . they won a mega millions jackpot more than $200 million making a san jos couple rich. they bought it thousands of miles from home. >> reporter: cheers for the couple who broke their 17 day silence and staked their claim to $208 million in mega millions winnings. >> it's very surreal. it's exciting but surreal. >> reporter: the 36-year-old pair came to long island from san jose to visit christine's parents for the holidays. dan bruckner stopped at this

king kullen on december 26 and emptied all $26 in his wallet to play for the huge jackpot. >> came in, needed to get some food for dinner we were making and saw how big the mega was and decided to get tickets. >> reporter: the $208 million prize the largest ever won on long island. the couple will take home a lump sum of just over $104 million. they checked the winning numbers together just two days after christmas. >> this isn't real, no, you're kidding and i went downstairs -- i still don't believe it. this is all crazy. >> reporter: the couple wouldn't give many details about what they will do with the cash or whether they will relocate to christine's hometown on lucky long island from california. but they did hint they are expecting one very wealthy baby. >> jessica schneider reporting. mr. bruckner says he plays the lottery from time to time but never won more than a few bucks. skiers have been lament ing

the lack of snow. a road usually deep under snow this time of the year is still open for the first time in 70 years. don ford with the remarkable sight. reporter: the tioga pass in yosemite national park with elevations above 8,000 feet, the road is usually covered with ten to 15 feet of snow by now. but not this year. near the top of tioga pass is frozen tania lake and in the first time in over 70 years the ice is snow-free and exposed. ice skaters, hockey players, and even dogs have come to enjoy this rare moment. >> tailgating. >> reporter: they enjoy the majestic scenery in style. wine, apples, cheese. the aussies came. >> you wouldn't see anything like it in australia. >> reporter: have i ever seen a frozen lake at all? >> no.

>> reporter: the british were here. >> we are don't see snow much in england at all. >> reporter: then the texans showed up. four sisters from dallas who had never seen a frozen lake before. >> joyce, come on. >> lift up. >> you just lift up and walk. >> another texan on ice! >> reporter: no shortage here. the ice is rough. tyson lives nearby and says the lake talks. >> the lake makes all these crazy noises like there's whales under the water. it's awesome. >> reporter: it does. you can hear the sounds. [ whale sounds ] >> reporter: the park service says it's just the ice moving. only heard when there's no snow. >> the last time it was 1930. i'll never see it again. locals have come down their skate today think that this once in a lifetime opportunity isn't going to last much longer. they believe it could start snowing as early as next week. at the frozen tenaya lake at yosemite national park, don

ford, cbs 5. >> i think the not last much longer is the key. it's going to change. >> we have been talking about this for a week now. the storm got a little iffy 2024 hours ago but now all the computer models are in agreement. by this time next week, we will be wet. so go ahead and embrace this. we don't get this view that often from the transamerica building looking towards the bay waters. we had a high temperature of 61 at the airport in oakland to 74 degrees in santa cruz currently we are in the 50s and 60s on this friday evening. tonight, overnight, again, another frosty night. tomorrow, it will be a spare the air day the 15th one of the winter season. and we have one more day of unseasonably mild conditions and then the rain moves in. wednesday beginning in the north bay midday, sliding over

the entire area by thursday. a bigger storm by friday. that seven-day forecast but first things -- love that little area of low pressure. see this right there? that countser clockwise formation? it's providing a cloud shield over southern california. but we're under the influence of high pressure. this area of low pressure begins to break down that ridge on sunday that's the first day we'll start to see cooler breezy and partly cloudy conditions taking it one day at a time. it is your getaway fries heading into your saturday. precipitation free as far as rain and snow. 50 in the high sierra. over into the 29 in santa rosa to 38 degrees fremont, milpitas and union city. 30s and 40s common around the peninsula and just slightly above freezing at the delta. tomorrow's daytime high slightly cooler than today. 60s across the board. no more 70s for a while. the outlook calls for partly cloudy conditions sunday through tuesday. rain begins in the north bay on wednesday sliding over the entire area light precip on thursday. friday a bigger storm. so your holiday calls for

cooler breezy conditions. you will feel the difference. into the 50s. this is your 49er forecast for tomorrow afternoon. 1:00 kickoff, looks like lots of sunshine, game time temperature at 61 degrees. go 49ers! not a bad looking day at all. you know, guys, it's going to be one of those days where everybody across america is looking out towards the golden gate bridge. going to wish that they were here. that's your pinpoint forecast. >> and they are going to wonder why the field is so soggy because we watered it! [ laughter ] >> heavy! >> right. >> thank you. does your baby have trouble falling or staying asleep? most parents think the sleep issue is part of infancy but alison harmelin reports it may be a more persistent problem. >> reporter: kristin morele hasn't had a good night sleep in years. her 2-year-old daniel has trouble sleeping through the night. >> only got maybe four hours of sleep. just be tossing and turning and

whining. >> reporter: kristin isn't alone. ohio researchers found 10% of infants and toddlers have sleep problems at some point including trouble falling asleep staying asleep and staying in their own beds and having nightmares. they found that even by age 3, 21% of children were still not getting a good night's rest. >> if you had a child who has trouble sleeping at 6 months of age they were three times likely to have continuing sleep problems. >> reporter: the study shows that more than 12% of young children snore but surprisingly many parents didn't consider that something to be concerned about. >> a lot of people were equating snoring with good sleep but that's a sign there's a problem in the way the child breathes so that needs to be checked out. >> reporter: that was daniel's problem. >> the snoring would wake him up. >> reporter: he was suffering from sleep apnea. his adenoids and tonsils removed and he has ear tubes so he can breathe easier.

>> he seems more energized. he can go more hours without being cranky. >> reporter: and finally giving everyone some much-needed rest. alison harmelin for cbs news, bergenfield, new jersey. the sheriff is on the way to jail! you will hear from him in his own emotional words coming up. .

francisco sheriff. joe va more on our breaking story. a criminal domestic abuse charges filed against the san francisco sheriff. joe vazquez at the hall of justice. sheriff mirkarimi and his wife just talk about the charges. what did they say? >> reporter: they did. in fact, now there's another developments. the sheriff is on his way right here to the jail. he is going to be booked into the county jail that he supervises! keep in mind, they have been at this for hours trying to negotiate a surrender. those talks fell through so he is being escorted by the sheriff's department or the police, it's not clear, apparently it's the san francisco police, into the

jail. now, as we mentioned, his wife and mirkarimi both spoke at a news conference a short while ago. >> believe that these charges are very unfounded. and we'll fight these charges. i'm confident that in the end, that we will succeed in showing the missteps. >> this is unbelievable. how i say this, i don't have any complaint against my husband. we are together and we are fighting. we are going to fight this. this is my family, my husband and my son. this is unbelievable. it is completely wrong. >> reporter: that's eliana lopez ross mirkarimi's wife saying she is going to stand by her husband despite the three misdemeanor charges. the problem is we have also

just learned from the d.a.'s office that they have issued a restraining order against ross mirkarimi. he will not be allowed to be within a certain distance of her. he can't go home tonight. >> joe, just a quick question about that. she did not ask for that, i'm assuming. >> reporter: no. the district attorney made it clear that she was not a cooperating witness. but he also said it is very common in domestic violence cases that you don't have a cooperating witness in the spouse but they are obligated to pursue the charges anyway. >> thank you, joe vazquez at the hall of justice. i know you will get more information. see you back at 6:00. thank you. and we'll be right back.

news at 6. a lifeline, cut: what i'm dana king. here's what we're working on for the 6:00 news. a critical lifeline cut. what is missing from ambulances across california that could save lives. use the clipper card or else. the plan to punish drivers who pay with cash. we'll have that and much more at 6:00. and coming up, thank you, dana, look forward to that. coming up after eyewitness news at 6:00 a special "49er preview." dennis o'donnell, kim coyle will get you ready for the big game tonight. 7:00 here on cbs 5. >> and i think you need to explain, allen, you were talking about us watering the field. >> new orleans doesn't play well on a sloppy field and we haven't had